Terms of Use
This page sets out the terms on which you may access and make use of our website Octopon.me and all its subdomains, and/or the services offered through it, whether they are accessed through the website, an application, or integrated as part of any services, website or application of a third party (the "Site" or the “Services”). The Site is operated by Octopon Inc, Octopon.me allows businesses (the “Business Users”) to offer coupons and deals to their clients, third parties, or Octopon users (collectively: the “Users”) through the site or its Services and allows users to signup, book, join, redeem, or pay for certain coupons, deals, transactions or discounts (collectively: “Coupons”). Please read these terms of use carefully before you start to use the Services. By using the Site or Services, you indicate that you accept these terms of use and the privacy policy located at octopon.me/privacy and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using the Site or any related Services. Last Updated: June 11, 2018 ACCESSING THE SITE We reserve the right to withdraw or amend the Service we provide on the Site without notice (see below). We will not be liable if for any reason the Site or Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site or Service, or our entire site, to users who have registered with us. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. You must keep your username and password confidential at all times. Any breach of these terms of use by anyone to whom you disclose your password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms of use. You must take appropriate security measures to prevent unauthorised disclosure of your username and password and you must notify us immediately if your password becomes known to any unauthorised user. INTELLECTUAL PROPERTY RIGHTS We are the owner or the licensee of all intellectual property rights in the Site, the Service and in the material published on it, and are protected by applicable intellectual property laws and treaties. RELIANCE ON INFORMATION POSTED Commentary and other materials posted on the Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site, or by anyone who may be informed of any of its contents. THE SITE CHANGES REGULARLY We aim to update the Site and its related apps regularly, and may change the content at any time. If the need arises, we may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material. OUR LIABILITY The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. TO THE EXTENT PERMITTED BY LAW, WE, AND OUR SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY; ANY LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY ANY USER IN CONNECTION WITH THE SITE, SERVICES OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RESULTS OF THE USE OF THE SITE OR SERVICES, ANY WEBSITES LINKED TO IT AND ANY MATERIALS POSTED ON IT, INCLUDING, WITHOUT LIMITATION ANY LIABILITY FOR: LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS; LOSS OF PROFITS OR CONTRACTS; LOSS OF ANTICIPATED SAVINGS; LOSS OF DATA; LOSS OF GOODWILL; WASTED MANAGEMENT OR OFFICE TIME; AND FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. PROHIBITED USES You may not use the Site or Services: (i) in any way that breaches any applicable local, national or international law or regulation; (ii) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; (ii) for the purpose of harming or attempting to harm minors in any way; (iii) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards specified in section 8 below; (iv) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or (v) to transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. You also agree: (i) not to reproduce, duplicate, copy or re-sell any part of the Site or Services in contravention of the provisions of our terms of website use; (ii) not to access without authority, interfere with, damage or disrupt any part of the Site or Services, equipment or network on which the Site or Services is stored, software used in the provision of the Site or Services; or equipment or network or software owned or used by any third party. INTERACTIVE SERVICES We may from time to time provide, by ourselves or through any third party contributor, interactive services or goods on the Site, including, without limitation: chat rooms; bulletin boards; games; show coupons or creation of coupons; show offers or deals or creations of offers or deals; statistics; messages; upload or images or other information (collectively, the "Interactive Services"). We are under no obligation to oversee, monitor or moderate any Interactive Services we provide on the Site, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Services by a user in contravention of our content standards, whether the service is moderated or not. You may use our Site and Services only if you can form a binding contract with Us, and only in compliance with these Terms and all applicable laws. Any use or access by anyone under the age of 18 is prohibited. By accessing this Site or using the Services, you certify to us that you are at least 18 years old. If you are under the age of majority in the applicable jurisdiction in which you reside, you may use the Site and Services only with involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion CONTENT STANDARDS These content standards apply to any and all material which you contribute to the Site or Services such as coupons, offers, images, texts, videos, advertisements, reviews etc. ("Contributions"). Contributions must not: (i) contain any material which is defamatory; (ii) contain any material which is obscene, offensive, hateful or inflammatory; (iii) promote sexually explicit material; (iv) promote violence; (v) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (vi) infringe any copyright, database right or trade mark of any other person; (vii) be likely to deceive any person; (viii)be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; (ix) promote any illegal activity; (x) be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety; (xi) be likely to harass, upset, embarrass, alarm or annoy any other person; (xii) be used to impersonate any person, or to misrepresent your identity or affiliation with any person; (xiii) give the impression that they emanate from us, if this is not the case; or (xiv) advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse. We are under no obligation to oversee, monitor or moderate any Contribution that appears on the Site and Services, and we expressly disclaim any liability for any loss or damage arising from the use of any Contribution by any User or Business Users. We do not claim any ownership interest in your Contributions, but we do need the right to use your Contributions to the extent necessary to operate and provide the Service, now and in the future. For example (i) if a you request that we collect certain information or data on your behalf, we require your permission and license to use the information or data in the operation of the Service; or (ii) if a you connect the Service to a third party platform such as Facebook (the "Social Network Account"). If You connect our Service to a third party platform account you hereby grant us access to certain information about you which is stored in the Social Network Account. SUSPENSION AND TERMINATION OF ANY USER We reserve the right, in our discretion, whether there has been a breach of these terms of use or not to suspend, limit or terminate your access or use of this Site or Services at any time and for any reason. This may include: immediate, temporary or permanent withdrawal of your right to use the Site or Services; immediate, temporary or permanent removal of any posting or material uploaded by you to the Site or Services. COUPONS & REDEMPTIONS As part of the Contribution, coupons can be offered by the Business Users or any other users, such as gifts, discounts, coupons and any other offering Any coupon offered or uploaded to the Site or Services shall conform with these terms, including but not limited to Section 7 and 8. We reserve the right to either automatically or manually remove, change, reject or suspend any Coupon at our sole discretion and for any reason at anytime. Coupons redemption are at the discretion of the business offering it, and it is the business responsibility; We are not responsible in any way for Coupons themselves or the Coupons redemption and, inter alia, we will not be responsible or liable to any: loss of income or revenue; loss of business; loss of profits or contracts, loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising from the redemption or failure to redeem any coupons. PRE-PAID COUPONS Prepaid coupons are Coupons that the end user purchase through our site/app/pages or third party partners before coming to the business and using it. Transferring the shares to the business - we will transfer the business their share of the prepaid coupons after those coupons have been redeemed by the business (we might want to verify the redemption with the client) in we will transfer the amount a few days after the redemption or in bulk once a month. Unclaimed - we view prepaid coupons as unclaimed if 6 months after the last expiration date of the coupon (most coupons expiration date can be extended). Payment made for unclaimed coupons are non-refundable. It is the business responsibility to encourage the clients to redeem their coupons and to update the system the coupons have been redeemed through their check and redeem section in our system PAYMENT Fees and any other charges for the use of the Site, Service, or in connection with the Coupons are described on the website at: octopon.me/plans. Fees may change from time to time. If we change them, we will give you at least 30 days' notice before implementing the change. If they do change, your continued use of or access to the Service after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs. You are responsible for all taxes applicable to the fees, if any, in any applicable jurisdiction. Payments to Us are non-refundable. We currently only use Stripe/paypal as a payment method in our Site. To become a registered Business or any other paying member, subscribe or pay for services in our site you must use Stripe/paypal or Stripe/paypal accepted credit cards and you must follow Stripe/paypal terms and conditions. We will not be responsible for any commissions, actions or fees taken from you by Stripe/paypal, and Stripe/paypal’s terms of services fully apply on your use thereof. If you want to cancel your subscription please contact us; the cancellation will take effect only from the next subscription months or year depending on membership type or plan. Payments will be subject to the terms, conditions and privacy policies of Stripe/paypal. We are not responsible for any error by Stripe/paypal. You acknowledge and agree that (i) your purchases through the Site or Services are transactions between you and the merchant of such purchases, and not with us or any of our affiliates; and (ii) we are not a party to your payment transaction for such purchases and we are not a buyer or a seller in connection with such transactions. VIRUSES, HACKING AND OTHER OFFENCES You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it. LINKING TO THE SITE You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to make any use of material on the Site other than that set out above, please address your request to terms@octopon.me LINKS FROM THE SITE Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. JURISDICTION AND APPLICABLE LAW These terms shall be governed by the laws of the State of California. The courts in California, USA will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Site. We may seek injunctive relief in any court of competent jurisdiction due to your breach of these terms.. VARIATIONS We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Site. YOUR CONCERNS If you have any concerns about material which appears on the Site, please contact us at terms@octopon.me